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Administrative Cases.
Administrative cases are the disciplinary actions taken by a State Dental Board against a licensed or unlicensed dental professional for violations of their Dental Practice Act or standards of care. They are often taken only in response to a complaint by a patient. This approach is concerning for Sargenti injured patients as by the time the complaint is made, the patient is already injured. All citizens must know to avoid root canals containing Sargenti Paste or any other paraformaldehyde containing material.
Many violations of a state's dental practice acts go unreported. Many states do not publish disciplinary actions and are slow to provide them to the general public, if ever. As we obtain additional administrative cases, we will include them on this page. We know there are more. Many patients settle with the dentist and agree to keep the issue confidential.
Location |
Date |
Dentist |
Disciplinary Action |
| Colorado |
1/1/05 - 6/30/07 Unknown specific date |
Skromme, Allan, D.D.S |
Stipulation based upon performing root canal using Sargenti Paste, small tip of file broke in mesial root respondent stated he notified patient, neight notification nor broken file were documented in patient's records, teeth underfile during root canal therapy; probation, 4 hrs. risk management, 40 hrs. endodontics, and never to use the Sargenti technique in dental practice until use specifically approved by FDA. Link |
| Milwaukee, WI |
November 2, 2005 |
Dr. Peter Hehli |
The Dentistry Examining Board reprimanded Peter
Hehli and permanently prohibited Dr. Hehli from using the Sargenti technique or paste in performing endodontic treatment in his dental practice. The Board also ordered Hehli to pay costs of $4,618.83 and a
forfeiture of $500.00. The Board found Hehli’s treatment of two patients constituted less
than minimally competent practice of dentistry.
Section DE 5.02(5) Wis. Adm. Code. Link |
| Madison, WI *NEW* |
September 28, 2005 |
Kenneth R. Sachtjen, DDS |
Respondent did the root canal work on J.J.’s teeth using a modified version of the Sargenti Technique – a technique that, instead of cleaning and disinfecting the canals of an infected tooth, calls on a dentist to pack an infected tooth using a root canal filler which contains zinc-oxide, eugenol and paraformaldehyde, a potentially lethal substance. The Sargenti technique does not require the root canals to be completely disinfected before the tooth may be filled.
The conduct described in paragraphs # 4-8 above, including the use of the modified Sargenti Technique, constitutes a violation of Wis. Stat. § 447.07(3)(h).
The Dentistry Examining Board hereby accepts the SURRENDER of the license of Kenneth R. Sachtjen, DDS, Respondent, to practice dentistry in the state of Wisconsin. Link |
Legal Cases.
Since Sargenti Paste is considered below the standard of care in all states, most legal cases related to Sargenti injuries are settled out of court. Often these settlements are confidential and therefore unknown to the general public.
An interesting statement from a dental malpractice insurance company, Dentist's Advantage. This enforces our belief that there are far more injured patients than it seems on the surface. Many Sargenti paste victims settle their cases with confidentiality clauses.
Malpractice Risks in Dental Practice: You Should Know Where the Risks Are
There are several classes of cases that have brought extremely high settlements and awards. These include malpractice associated with the use of anesthetic agents, IV and IM sedative agents, aspirations, SBE problems, Sargenti Paste overfills, and adverse drug reactions. |
| Most notable case of patient injury from Sargenti Paste, http://www.dentalaw.com/news/sargenti.html
The plaintiff, age twenty-seven in 1984, underwent several endodontic (root-canal) procedures by her general dentist using the controversial filling material variously called Sargenti paste, N2 and RC2B. The drug has never been approved by the FDA nor the Council on Dental Therapeutics of the ADA, largely because it contains the highly toxic paraformaldehyde and lead and has never been tested for use in humans.
Tissue destruction, mummification and a compromise of the local tissue's immune system capabilities results when the drug or its vapors come in contact with bone. The plaintiff's immune system became so compromised that she developed a fulminating Actinomycosis infection which resulted in the loss of half of her lower jaw, more than forty surgeries, and medical expenses over $300,000. This dental malpractice case settled for $1,000,000. |
http://www.dentalmal.com/rootcanal.html
Defendant general dentist's use of excessive root canal filling material results in permanent paresthesia of left lip and face of patient. The patient presented to her dentist with a complaint of a toothache in the lower left posterior quadrant of her mouth. The dentist performed a root canal using Sargenti N-2 paste, a root canal filling material containing paraformaldehyde. The use of excess filling material resulted in the paste invading the mandibular canal and the nerves therein causing permanent nerve damage and chronic pain the lower left quadrant. |
Dorton vs. Landmark Dental Care of Tuscaloosa, P.C., et al, Supreme Court of Alabama, Jan 11, 1991. Ms. Dorton suffered burning pain and numbness due to a gross overfill of Sargenti Paste into her Inferior Alveolar Nerve (IAN) channel. The dentist, Dr. Harold K. Emmons, testified that his lack of treatment or advice relevant to the extrusion of toxic root canal filling and patient's post-endodontic complications by his statement that he did not think that the paste was close enough to the IAN to cause problems and that he thought he might have inadvertently "nicked" the IAN in giving patient her injection. Her dentist placed a cotton pellet with formo-creosol (another paraformaldehyde root canal "cleaner", not intended for even temporary inclusion). She complained of numbness on the first visit proceeding this. He then filled the canal(s) with Sargenti Paste, extruding the paste out the bottom of the tooth into the nerve channel. The dentist told Ms. Dorton that "there was some excess but that I did not feel it was going to [be] any problem". He did not tell her that the extrusion consisted of Sargenti paste or mention its toxic properties. The very next morning, Ms Dorton complained of both numbness and pain. The dentist blamed the pain on "nicking" the nerve from the shot of Novocain. The pain continued to worsen, her fever, chills and sweats continued. Days later the dentist told her to double-up on her pain killers and that there was no cause for concern. She went for a second opinion from an Oral Surgeon who then called her dentist. Only then did her dentist reveal that it was Sargenti Paste. In an apparent emergency fashion, her oral surgeon performed surgery, cutting through the jawbone to open the canal and remove the material. This surgery occurred approximately 2 weeks after the procedure. The Alabama Supreme Court overturned the jury verdict for the defense and sent the case back for re-trial. The case then settled out of court.
Recent conversations with Ms. Dorton revealed that the surgery relieved the pain and 15 years later she continues to have complete numbness in her chin, lip and gums. Ms Dorton filed a complaint with the Alabama State Dental Board but never heard a response and there is no record of disciplinary action taken against Dr. Emmons. As of 2006, Dr. Emmons holds a license with the Alabama State Board.
Ms. Dorton also filed suit against the Tennessee pharmacy that sold interstate in bulk quantity to her Alabama dentist and against FDA regulations. The pharmacy settled the case. |
Linda Jo Spivey and James Glen Spivey v. Joseph D James, D.D.S
The evidence shows that Linda consulted Looney about a toothache. Looney determined that Linda needed a root canal. While performing the root canal, Looney injected sargenti paste (a form of formaldehyde) into the nerve canal of the affected tooth. There was a leak from the canal which resulted in permanent deadening of the nerves in Linda's jaw and face. Their claim against Looney was settled by settlement. |
| Claudia and Robert Megaro vs Dominic Cicero. Superior Court of New Jersey, Warren County, Docket No. WRN-L-226-04, filed May 1, 2004. Pending jury trial. |
LEGAL AND ADMINISTRATIVE ACTIONS AGAINST
DENTISTS WHO USE SARGENTI PASTE
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